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HomeMy WebLinkAboutTowill, Inc. (5)AGREEMENT THIS AGREEMENT is made and entered into on the.,'/ day of QG'�1� , 2021 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Towill, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Surveying Services including survey staking, pathway easement plat and legals, manhole location, stake locating, and computer plots for Page Mill Road and Saddle Court Pathways 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 10/6/2021, Revised 10/13/2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence November 8, 2021 and shall be completed by December 3, 2021, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed six thousand four hundred dollars ($6,400) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 3/16/21 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." A. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 3116121 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion, or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short form Updated 3/16/21 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Avery Lai Assistant Engineer Town of Los Altos Hills By: October 25, 2021 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Ken A. Meme. President Print name, Title TOWN OF LOS OS HILLS: v By: Peter Pirnej d, City Manager Dat Town of Los Altos Hills Page 4 of 4 Short form Updated 3/16/21 C C October 6th, 2021 (revised 10/13/2021) Avery Lai Assistant Engineer Town of Los Altos 26379 Fremont Rd, Los Altos Hills, CA 94022 Phone: (650) 947-2541 alai@losaltoshills.ca.gov RE: RFP -Task 1- Stake ROW for Edgerton Rd., Task 2 - Survey and Stake Existing Page Mill Rd RW, and Prepare Easement Plat and Legal Desc., Task 3 - Prepare Plat and Legal Desc. For Proposed Path Dear Mr. Lai, Thank you for the opportunity to provide this scope of services and lump sum cost for the project described below. This project involves performing multiple survey support services described in a scope of work entitled "Survey RFP" received on September 28th, 2021. Towill to pr -o rvey hubs depicting the Right of Way (ROW) of Edgerton Rd, limits shown on Exhibit A below. o Stakes to be intervisible and su�l' or fencing or clearing purposes. o Exhibit Provided for this proposal is entitled_17: Works - Engineering\2- Projects\Pathways\CIP Pathways\FY 2020-21 Edgerton\Edger ting Scope of Work_092021.pdf Task Two - Survey and Stake Existing Page Mill Rd RW, and Prepare Easement Plat and Legal Desc Towill to provide survey hubs depicting the Right of Way (ROW) of Page Mill Rd, limits shown on Exhibit B below. Towill will also create a plat and legal description of potential proposed pathway limits. Please note, the Arrow to the ROW line in the exhibit provided, is not the current ROW of Page Mill Rd. Plat and Legal to be stamped and signed by John T. May, PLS 8570, and will be suitable for recording. Task Three - Prepare Plat and Legal Desc. For Proposed Path Limits of Path are depicted in Exhibit C below. Towill will also create a plat and legal description of potential proposed pathway limits. Plat and Legal to be stamped and signed by John T. May, PLS 8570, and will be suitable for recording. Deliverables: • PDF prints of topographic and boundary drawings • CAD files of topographic and boundary drawings Towill, Inc.• 2300 Clayton Road, Suite 1200 • Concord • CA • 94520-2176 • 925.682.6976 • 925.682.6390 fax www.towill.corn PDF of all plats and legal descriptions PDF of all records obtained during research phase of project Site photos (Digital Format) Special Considerations and Exceptions • Access to the site and notification of any current tenants will be provided by others. It is understood that these sites are working schools and site access, bell schedules and access to buildings will be coordinated prior to mobilization to the site • The cost associated with the preparation of a Record of Survey, and the related City and County of Santa Clara map checking fee, is included in this scope of work. • Other costs related to fees, permits, or licenses are not included in this proposal. • Work will be completed to Towill CAD standards (national CAD standards compatible). Project Schedule - Field work can commence two weeks from Notice to Proceed (NTP), with final deliverables 4 weeks from when field work actually begins at each of the sites. Summarized Cost Lump Sum costs for the above-described work are summarized below. Rate sheet used to derive prices is included as attachment D, below. Items Task Prices Task Two - Survey and Stake Existing Page Mill Rd RW, and Prepare Easement Plat and Legal Desc $3900 Task Three - Prepare Plat and Legal Desc. For Proposed Path $2500 Please contact me at (925) 682-6976 ext. 1032 if there are any questions. Sincerely, John T. May, PLS Project Manager Towill, Inc.• 2300 Clayton Road, Suite 1200 • Concord • CA s 94520-2176 a 925.682.6976 • 925.682.6390 fax www.towill.com B— 'ACK L wolo C°4 N I I I I I I I I I I l j I I I; I 114 1 j I I I I I I I I I, j I I I I I I I I I I I I I I I I I I I I II IIII I II I I I I I II IIII I I I I I I IwI I -I I I I I I I I I I I I I I I I I I I II I I I I It 14 111111111, 4 111111111111111111pI 1, 4 . I I I 1 4 q 4 4 9 111[ 11110 I I u I I I II I I I It I IIII I I I I I I I I I I I I I I I [I I I I I I .. ..... ...... II II Igo IOIIIiUlllllll ... . ....... ... ...... ........... ...... . ... �m I I.. z Imi 1w a 4 rq �N r mq mR ' Np w z a> r w 1 R wmy CAC � ,n N r 0 o El J t7 �� PYI fn ' Ul a "1-4 0 0 ZS m R — Fn � 1 Ih m o r^ ro aa'x su li a,mv,1aai a aaa xr mm v� \` � a �r ps xa._ D mto o v Uq 3 w � www ..,,,� p y tw $ �-, � to �n��a tatd.��now� 7aQda,__ x EXHIBIT D NORTHERN CALIFORNIA LAND SURVEY SERVICES FEE SCHEDULE Effective January 1, 2021 Labor Description Hourly Rate PrincipalLand Surveyor / Geomatics Principal Manager...........................................................................$ 250.00 Senior Land Surveyor / Senior Project Manager...........................................................................................$ 220.00 SurveyProject Manager..................................................................................................................................... $ 200.00 ProjectSurveyor.................................................................................................................................................$ 175.00 AssociateSurveyor.............................................................................................................................................$ 155.00 SurveyTechnician (Office)...............................................................................................................................$ 130.00 CADDTechnician............................................................................................................................................. $ 115.00 ProjectCoordinator...........................................................................................................................................$ 98.00 ProjectAssistant.................................................................................................................................................$ 77.00 ExpertWitness....................................................................................................................................................$ 400.00 Per Court Appearance (Minimum).................................................................................................................. $ 2,800.00 Prevailing Wage Rates by Field Survey Personnel Classifications PartyChief..........................................................................................................................................................$ 155.00 ChainPerson......................................................................................................................................................$ 135.00 Apprentice...........................................................................................................................................................$ 120.00 Notes: • ... Field survey personnel and crews are billed at a minimum of 8 hours per day only. * ... Field survey rates are inclusive of one survey vehicle, vehicle mileage up to 50 miles from the home office, conventional and GPS survey equipment, and standard safety equipment. Additional trucks will be charged out at $20/hour. SPECIAL LABOR RATES Labor Description Hourly Rate Hazmat Crew Supplement ........................ I....................... Field Personnel Rate plus $10.00 per Person per Hour Night Shift Work................................................................. Field Personnel Rate plus 12.5% per Person per Hour AUTHORIZED OVERTIME LABOR RATES Labor Description Hourly Rate Saturdays and in Excess of 8 Hours on Weekdays................................................................ 1.5 times Regular Rate Sundaysand Holidays................................................................................................................. 2.0 times Regular Rate EQUIPMENT AND OTHER DIRECT COSTS Equipment Description Rate TerrestrialStatic Laser Scanner.......................................................................................... Quote Provided per Project TerrestrialMobile Laser Scanner....................................................................................... Quote Provided per Project SpecialtySurvey Equipment............................................................................................... Quote Provided per Project Client shall pay the costs, plus 10%, for any applicable government fees, title company charges, subconsultant fees, outside vendor costs, reproduction costs, vehicle mileage (except as noted above), travel related costs, rental vehicles and boats, rental and specialty equipment, consumable materials, digital delivery media, and delivery or messenger services incurred on Client's behalf.